PER CURIAM

Appellant's brief was originally due December 1, 2003. Appellant's appointed attorney, Mr. William M. Hines, did not respond to this Court's notice that the brief was overdue. Therefore, on February 6, 2004, the Court ordered counsel to tender a brief for filing no later than March 5, 2004. Counsel did not tender a brief as ordered. Instead, he filed a motion for extension of time stating that appellant did not wish to pursue the appeal and promising that a proper motion to dismiss would be filed by March 19, 2004. Neither a brief nor a motion to dismiss has been received.

The motion for extension of time filed March 5, 2004, is dismissed. The district court is ordered to conduct a hearing to determine whether appellant wishes to pursue this appeal and, if he does, whether counsel has abandoned the appeal. Tex. R. App. P. 38.8(b)(2). The court shall make appropriate findings and recommendations. If appellant wishes to pursue the appeal but present counsel is not prepared to fulfill his duties in a timely fashion, the court shall appoint substitute counsel who will effectively represent appellant on appeal. A record from this hearing, including copies of all findings and orders and a transcription of the court reporter's notes, shall be forwarded to the Clerk of this Court for filing as a supplemental record no later than May 5, 2004. Rule 38.8(b)(3).

It is ordered April 8, 2004.

Before Justices Kidd, B. A. Smith and Pemberton

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